Section 7358 - IFB/RFP Evaluation Process(a) During the bid/proposal development period, an AAA shall publish as much information as necessary to assure consistent interpretations and fair treatment for all bidders. Any information given to a prospective bidder shall be furnished promptly to all other prospective bidders as an amendment to the IFB/RFP, if the lack of information would be prejudicial to uninformed bidders. No award shall be made unless such an amendment has been issued in sufficient time to permit all prospective bidders at least five days in the case of IFBs and 10 days in the case of RFPs to consider the information in submitting or modifying their bids/proposals.(b) In the case of an IFB, an AAA shall award the contract to the lowest responsive and responsible bidder. A responsive and responsible bidder is one who meets both of the following: (1) Submits a bid that meets the specifications of the IFB. A bid that varies materially from the specifications shall be rejected.(2) Has the resources and capacity to deliver the service within the specified time frame at the price contained in the bid.(c) In the case of an RFP, an AAA shall convene a panel to evaluate each proposal. The panel may consist of AAA Advisory Council Members, AAA staff and/or other qualified individuals. Each panel member shall evaluate proposals independently, in writing, using a standardized rating form containing all of the criteria delineated in the RFP. The recommendations of the Bid/Proposal Evaluation Panel are advisory to the AAA decision-making body which shall be responsible for all award decisions. If award decisions are based upon factors other than the evaluation criteria contained in the RFP, a full justification for the decision shall be documented. The award decision shall be free from all real, apparent or potential conflict of interest.(d) An AAA shall consider any protest or objections regarding the award of contract whether the protest or objection is submitted before or after the award, providing the filing occurs within the time period established in the IFB/RFP. All protests or objections shall be filed in writing. The protesting/objecting party shall be notified in writing of the AAA's final decision. The written notice shall: (1) Set forth the rationale upon which the decision is based.(2) Advise the protesting/objecting party of the right to appeal to the Department in accordance with Chapter 5 of Title 22, Division 1.8 of the California Code of Regulations.Cal. Code Regs. Tit. 22, § 7358
1. New section filed 5-16-96; operative 6-15-96 (Register 96, No. 20).
2. Change without regulatory effect amending NOTE filed 2-10-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 7). Note: Authority cited: Sections 9102 and 9105, Welfare and Institutions Code. Reference: 45 CFR 92.36.
1. New section filed 5-16-96; operative 6-15-96 (Register 96, No. 20).
2. Change without regulatory effect amending Note filed 2-10-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 7).